- In Provincial Court, an adult who is not a party must personally leave the application with the other person and complete a Form 7 certificate of service.
- In Supreme Court, a notice of family claim must be personally served unless the court orders otherwise, and service is proved with a Form F15 affidavit.
- Proper service matters because the 30-day response deadline runs from service, and a party who does not respond is not entitled to notice of later steps.
Starting a family case is not finished when you file your papers. The other person must be formally told about the case, and the court expects you to be able to show that this happened. This is called service.
The rules differ between the Provincial Court and the Supreme Court of British Columbia. This article walks through who can serve, which forms are involved, and what to do once service is complete. It is general information, and a lawyer can confirm what applies to your situation.
This article covers the law of British Columbia.
Why proper service matters
Service gives the other person a fair chance to respond. It also starts the clock on their deadline. In the Provincial Court, a respondent must file a reply within 30 days after being served with the application. In the Supreme Court, a respondent must file a response to family claim within 30 days after being served.
If the other person does not respond, there are consequences for them. A Provincial Court party who files no reply within 30 days is not entitled to receive notice of any part of the proceedings. A Supreme Court respondent who files no response is not entitled to notice of later court appearances, hearings, conferences or trial. Because so much depends on it, service done incorrectly can cause delay and cost.
Serving in the Provincial Court
Outside early resolution registries, you start a Provincial Court case by filing and serving an Application about a Family Law Matter in Form 3. In an early resolution registry, you must first file a Notice to Resolve a Family Law Matter in Form 1 and give a copy to each other party, and the application follows only after the early resolution requirements are met.
The applicant must ensure the application is personally served by an adult who is not a party. That person leaves the documents with the person being served. You cannot do it yourself, so ask a friend, relative or process server who is not involved in the case.
The adult who serves the documents completes a certificate of service in Form 7. If no reply is filed within 30 days, the applicant must file that certificate.
Serving in the Supreme Court
A Supreme Court family case starts by filing a notice of family claim in Form F3, then serving each named respondent by personal service or a method the court allows instead. A notice of family claim must be served by personal service unless the court orders otherwise.
You prove personal service by filing an affidavit of personal service in Form F15. Keep the details of who served the documents, and when, so the affidavit can be completed accurately.
Timing matters too. The original notice of family claim does not stay in force for more than 12 months unless it is renewed. If you have trouble finding or serving the other person, do not wait until the end of that period to get advice.
Serving later documents
In the Supreme Court, documents other than the notice of family claim may be served by ordinary service, which includes mail, fax and e-mail. Rule 6-2 also sets out when service is treated as complete, and each party must have an address for service.
| Step | Provincial Court | Supreme Court |
|---|---|---|
| Starting document | Form 3 application | Form F3 notice of family claim |
| Who serves | Adult who is not a party | Personal service unless the court orders otherwise |
| Proof of service | Form 7 certificate of service | Form F15 affidavit of personal service |
| Response deadline | 30 days after service | 30 days after service |
What to do next
- Confirm which court your case is in and which starting document applies.
- Choose an adult who is not a party to serve the Provincial Court application, or arrange personal service of the Supreme Court notice of family claim.
- Make sure the person serving fills out the Form 7 certificate or the Form F15 affidavit while the details are fresh.
- Note the date of service so you can track the 30-day response period.
- Diarize the 12-month limit on a Supreme Court notice of family claim.
- Speak with a lawyer if the other person cannot be found or avoids service.
Free help may also be available. Family Justice Centre services include legal information and referrals.
Frequently asked questions
Can I hand the papers to my ex myself?
In the Provincial Court, no. Personal service must be done by an adult who is not a party. In the Supreme Court, the rules require personal service of the notice of family claim, so it is wise to have someone else do it and swear the affidavit of service.
What happens if the other person ignores the papers?
A Provincial Court party who files no reply within 30 days is not entitled to notice of any part of the proceedings, and the applicant must then file the certificate of service. In the Supreme Court, a person who files no response is not entitled to notice of later appearances, hearings, conferences or trial.
Can I serve later documents by email?
In the Supreme Court, documents other than the notice of family claim may be served by ordinary service, including mail, fax and e-mail, and each party must have an address for service. For the Provincial Court, check the current rules or ask a lawyer or Family Justice Counsellor.
What if I cannot personally serve the Supreme Court notice of family claim?
Personal service is required unless the court orders otherwise. A court-allowed alternative is possible, so a lawyer can explain how to ask for one. Remember the notice does not stay in force for more than 12 months unless renewed.
Sources
- Provincial Court Family Rules, B.C. Reg. 120/2020 — bclaws.gov.bc.ca
- Supreme Court Family Rules, B.C. Reg. 169/2009, Rules 4-1, 4-2 — bclaws.gov.bc.ca
- gov.bc.ca – Family Justice Centre services — www2.gov.bc.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
This is a family law question
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